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e e 9.7 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxit substances in any form at the Project site. 9.9 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has pr~iously advised the Architect in writing of the specific infonnation considered by the Owner to be confidential or proprietary. The Own~r shall provide professional credit for the Architect in the Owner's promotional materials for the Project. 9.10 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the ponion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: .1 transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic communications~ .2 fees paid for securing approval of authorities having jurisdiction over the Project; .3 reproductions, plots, standard fonn documents, postage, handling and delivery of Instruments of Service; .4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; .5 renderings, models and mock-ups requested by the Owner; .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants~ .7 reimbursable expenses as designated in Article 12; .8 other similar direct Project-related expenditures. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment as set forth in Paragraph 11.1 is the minimum payment under this Agreement. AlA DOCUMENT BlSl-ABBREVIATED OWNER-ARCHITECT AGREEMENT. 1997 EDITION. AlA. COPYRIGHT 1997 - THE AMERICAN' INSTITIJTE OF ARCHITECTS, 173S NEW YORK AVENUE N. W., WASHINGTON, D.C, 20006.S292. W ARNlNG: Unlicensed photoc:opying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was el~ctronically produced with p~rmission of the AlA and can be reproduced without violation until the date of expiration as not~d below. Electronic Fonnat B151-1997 User Document: LA - 3/8/2000. AlA License Number 113314, which expires on 5/31/2000 - Page #12